I have a noisy neighbour – what can I do?

What is nuisance?

Nuisance is an area of the law that is well established. If someone is carrying out an act that adversely affects your property or your enjoyment of it you can make a nuisance claim, either a private nuisance claim or a statutory nuisance claim. To prove a nuisance there needs to be a substantial problem and the acts complained of must be unreasonable. A private nuisance is a civil claim started in the county court or high court.

An alternative to bringing a private nuisance claim is to pursue a statutory nuisance under the Environmental Protection Act 1990. This process is designed to provide a remedy in the magistrates court, following the service of an abatement notice, in order to stop the perpetrator from causing a nuisance.

The aim of any private nuisance proceedings is to stop the nuisance happening and to be compensated if any losses have been suffered as a result of the nuisance.

In the case of Fouladi v Darout Ltd and others [2018] EWHC 3501 (Ch) we acted for the claimant who was suffering noise nuisance from the upstairs neighbour as a result of works undertaken to the neighbour’s floor and other building works. The works included the removal of carpets and the installation of a new wooden floor with poorly performing acoustic properties.

The factual and expert evidence resulted in the court finding that the noise constituted a disturbance and that the neighbour was liable to the claimant in nuisance. The court also held that the owner of the building was not liable for a nuisance caused by its tenant.

Evidence

If you are experiencing noise from a neighbour do make a contemporaneous diary of events that are causing noise disturbance and gather all your evidence as soon as possible in order to help prove your case. If you think you may require legal assistance, please do reach out to our property disputes team for support – you can contact Simon Painter or Judith Smyth directly.